Police and Justice Bill

When I read Clause 15 I was saddened, for the reasons that have been given in this debate. In a week when the Government have pushed through a clear separation between the legislative and judicial aspects of society, it is odd to see the confusions being introduced when punishment is taken out of the realm of the courts alone. If we go back to the origin of public courts, in Old Testament days and no doubt in other societies, they were to take the administration of justice out of the private and individual sphere and into the public sphere. It is essential that the administration of justice is a publicly recognised, accountable and observed process. Obviously, in any society there will be minor issues on the edge of the justice system that can be dealt with by fixed penalty notices or the caution system that has grown up and recently been extended. But to introduce the principle of punishment into the operation of the work of the police and the Crown Prosecution Service detracts from the principles of public justice that have been so much part of our society. It has been mentioned that the Government want to rebalance the system in favour of the victim. I do not see how this does so because victims need publicly observed and accountable justice. In parenthesis, I add that it is a great mistake for victims to be paraded before the courts to influence judges in the sentences they pass. It is against the principles of justice—this is a different matter, but it bears on what we are saying—if in the future, if victims are particularly upset, a greater penalty will be imposed. That is against the principle that justice is administered on behalf of society as a whole, which is why we have public courts. I think that is what lies behind the reservations of the Magistrates’ Association. I also fear that it is not good for the police to do this. In our society, the police need to have a clearly defined and upheld role. In recent years, I have been saddened to see the police engaging in public political debate more than has been healthy for them. By all means, they can have private views and express them to the Government, but it has been a mistake to over-politicise the police. At the other end, it would be a great mistake if the police started to be seen as junior magistrates, which is the danger in these proposals. I hope that even at this very late stage the Government will see that the best response to the large prison population, the cost of the justice system and the rise in anti-social behaviour is not this sort of approach, but other approaches that will get to the root of what is happening.